Lecture 10 Legal Aspects of Consent in Medical Practice

Question 1

What is consent?

Answer 1

A person must give permission before they receive any type of medical treatment, test or examination
This must be done on the basis of an explanation by a clinician with appropriate experience and expertise

Question 2

Examples of expressions of consent

Answer 2

Implied or verbal agreement for non-invasive treatments e.g. blood pressure, ECG
Express consent for minor or routine investigations e.g. bloodletting, intravenous access, ABG
Written consent for procedures that involved higher risk e.g. surgical interventions

Question 3

What is informed consent

Answer 3

The patient/individual should be informed of the practicalities of procedure, benefits/risks of procedure and benefits/risks if procedure not done or refusal of treatment

Question 4

What is capacity

Answer 4

• Patients who have capacity can make their own decisions to refuse treatment even if those decisions appear irrational to the doctor or may place the patient’s health or their life at risk

Question 5

Name some obstacles to capacity

Answer 5

• Impaired intellectual/mental capacity
• Intoxication (drugs or alcohol)
• Unconsciousness
• Communication difficulties- hearing impaired, mute, language
• Age

Question 6

Define the power of attorney

Answer 6

• This means by which individuals, whilst they have capacity, can grant someone they trust power to act as their continuing (financial) and/or welfare attorney

Question 7

What is Gillick competent

Answer 7

• Children under the age of 16 can consent to their own treatment if they’re believed to have enough intelligence, competence and understanding to fully appreciate what’s involved in their treatment-